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invalid or unenforceable the remainder of the instrument, or the application of such term, <br />provision, condition or covenants or the application of such term, provision, condition or <br />covenant to persons or circumstances other than those as to whom or which it is held invalid or <br />unenforceable, shall not be affected thereby and each term and provision of this Agreement shall <br />be valid and enforceable to the fullest extent permitted by law. <br />9.11 Counterparts. This Agreement has been executed in one or more <br />counterparts, each of which has been deemed an original, but all of which constitute one and the <br />same instrument. <br />9.4-912 Recording. The City Clerk shall cause a copy of this Agreement to be <br />recorded with the Office of the County Recorder of Orange County, California, within ten (10) <br />days following the effective date of this Agreement. <br />. 9.13 Estoppel Certificate. Either party may, at any time, and from time to <br />time, deliver written notice to the other party requesting such party to certify in writing that, to <br />the knowledge of the certifying party, (i) this Agreement is in frill force and effect and a binding <br />obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in <br />writing, or, if so amended, identifying the amendments, and (iii) the requesting party is not in <br />default in the performance of its obligations under this Agreement, or if in default, to describe <br />therein the nature and amount of any such defaults. A party receiving a request hereunder shall <br />execute and return such certificate within thirty (30) days following the receipt thereof. The City <br />Manager of the City shall have the right to execute any certificate requested by Owner hereunder. <br />The City acknowledges that a certificate hereunder may be relied upon by transfers, Mortgagees, <br />or other parties. <br />18 <br />11 A-26